Kratom Legality in the US: State-by-State Guide (2026)

Federal Status

Kratom is legal at the federal level in the United States. It is not classified as a controlled substance under the Controlled Substances Act. The DEA filed an emergency notice in August 2016 to place mitragynine and 7-hydroxymitragynine on Schedule I, but withdrew the proposal after receiving over 140,000 public comments and facing pressure from members of Congress. No federal scheduling action has moved forward since.

The FDA has not approved kratom as a drug, dietary supplement, or food additive. The agency has issued consumer advisories and uses Import Alert 54-15 to detain overseas kratom shipments at the border. However, domestic sales are not blocked at the federal level. Companies that make medical claims about kratom have received FDA warning letters.

States Where Kratom Is Banned

As of mid-2026, the following states have full bans on kratom, making possession, sale, and manufacture illegal:

Pending: Tennessee passed HB1649/SB1656 (Matthew Davenport's Law), signed by the governor May 7, 2026, with the ban taking effect July 1, 2026. California has implemented a de facto commercial ban through CDPH administrative action beginning in late 2025, with enforcement ramping up in early 2026. Washington D.C. also bans kratom.

KCPA-Regulated States

The Kratom Consumer Protection Act (KCPA) is model legislation that regulates rather than prohibits kratom. KCPA states keep kratom legal for adults while imposing consumer protection standards. Provisions typically include:

Age verification (usually 21+), mandatory product labeling with alkaloid content, prohibitions on adulterated or synthetic products, requirements for lab testing, and bans on marketing kratom with medical claims.

States that have enacted KCPA legislation include Arizona, Colorado, Florida (natural leaf legal; concentrated 7-OH banned as Schedule I since August 2025), Georgia, Kentucky, Mississippi, Nevada, New York, Oklahoma, Oregon, Rhode Island, Texas, Utah, Virginia, and West Virginia. Additional states including New Hampshire, Kansas, and Massachusetts have KCPA bills pending or under consideration.

Rhode Island: First Ban Reversal

Rhode Island became the first state in U.S. history to reverse a kratom ban. The state had banned kratom in 2017, but signed the Rhode Island Kratom Act in July 2025. The new regulated framework took effect April 1, 2026, allowing legal, regulated kratom commerce with retailer licensing, 21+ age requirements, mandatory product testing, and bans on synthetic 7-OH.

Local Bans & Restrictions

Even in states where kratom is legal at the state level, some cities and counties have enacted their own restrictions. Notable examples include San Diego, Oceanside, and Newport Beach in California; Sarasota County in Florida; and Denver, Colorado (prohibited for human consumption). This patchwork of local regulations means that checking your specific city or county's rules is important even if your state permits kratom.

The 7-OH Factor

Many of the most recent legislative actions (2025–2026) have been driven by concerns about concentrated 7-hydroxymitragynine products rather than traditional kratom leaf. Natural kratom leaf contains trace amounts of 7-OH (typically 0.01–0.04% by weight). Products marketed as '7-OH' tablets or shots contain concentrations orders of magnitude higher than what occurs naturally in the plant.

Several states — including Florida and Ohio — have taken the approach of banning concentrated 7-OH products while keeping natural kratom leaf legal. This regulatory distinction between natural leaf and concentrated isolates is likely to continue shaping the legislative landscape.

Traveling With Kratom

Because kratom is not federally scheduled, it is legal to possess on domestic flights. The TSA does not specifically screen for kratom. However, state law applies at your destination and in any state where you have a layover. Carrying kratom into a banned state — even while traveling through — could theoretically result in possession charges.